NCJFCJ Board Governance Handbook

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Governance Handbook, rev. March 20, 2020 Page 1 NCJFCJ Board Governance Handbook Effective March 14, 2010 Revised to include policy changes implemented: July 17-21, 2010 January 21-22, 2011 March 27, 2011 July 23, 2011 January 19-20, 2012 July 13, 2013 November 19, 2013 July 16, 2014 November 15, 2016 March 20, 2020

Transcript of NCJFCJ Board Governance Handbook

Governance Handbook, rev. March 20, 2020 Page 1

NCJFCJ Board Governance Handbook

Effective March 14, 2010

Revised to include policy changes implemented: July 17-21, 2010

January 21-22, 2011 March 27, 2011 July 23, 2011

January 19-20, 2012 July 13, 2013

November 19, 2013 July 16, 2014

November 15, 2016

March 20, 2020

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NCJFCJ BOARD GOVERNANCE HANDBOOK

TABLE OF CONTENTS Introduction Notice/Reserves the Right Replaces Previous Policies Effective Date Description of the NCJFCJ

The NCJFCJ Board of Directors

The National Juvenile Court Foundation, Inc.

The NCJFCJ Fund, Inc. Vision Statement Mission Statement Goals Strategic Plan Values Diversity Policy Statement Our Diversity Plan Board and Director Responsibilities and Duties

Role of the Executive Committee o Setting the Board Agenda o Consent Agenda

Responsibilities of the Board o Legal o Governance

Establishing Public Policy o Financial o Organizational

Individual Responsibilities of a Director Board Meetings

Meeting in conjunction with the NCJFCJ Annual Conference

Spring Meeting

Fall Meeting o Site Location

Applicability of Open Meeting Laws

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Meeting Minutes

Executive Session Policy and Guidelines Governing Policies

Code of Ethics

Standards of Conduct Policy

Statement of Policy

Basic Policy

Conflict of Interest o Conflict of Interest Policy o Acknowledgement and Disclosure Forms

Improper Use of Official Information

National Council Conduct Committee

Individual Gifts

Communication and Consultation Policy

Congressional Contact Policy

Legislation

Governance Policy

Symbolic Policy o Establishing Public Policy

Substantive Policy

Procedural Policy

Management o NCJFCJ Responsibility Matrix

Intermediate Sanctions (IRC 4958) Policy

Nondistribution of Earnings

Records Retention and Destruction Policy

Schedule

Whistleblower Policy

General

Definitions

Reporting Responsibility

Reporting

Investigation

Confidentiality and No Retaliation

False Reporting

Records

Whistleblower Policy Acknowledgment Form

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Practice and Procedures

Requests for Assistance of Staff

Amicus Briefs

Annual Conference Fee Policy

Annual Conference Fee Waiver for NCJFCJ President and President-Elect

Annual Conference Fee Waiver for NCJFCJ Past Presidents

Board Director/Amicus Council Member Recruitment Policy

Requirements and Process for Election of Private Sector Board Directors

Requirements and Process for Appointment of Amicus Council Members

Board Self-Assessment

Chief Executive Officer Performance Evaluation Policy

Communication Protocol regarding Commitment of Support for Projects and Funding

Development and Fund Raising

Donor Relations

Gift Acceptance Policy

Amicus Council

Evidence of Effectiveness

Expectations for Training and Technical Assistance

External Communications Policy

Media Inquiries

Press Releases

Faculty and Speaker Selection Policy

Insurance

Intellectual Property and Work Products

Intellectual Property

Work Products

NCJFCJ Recognition

Membership/Mailing Lists Dissemination

Protocol for Consideration of Endorsements, Sponsorship, or Co-Sponsorship Requests

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Protocol for Payment of Judges or Judicial Officers

Publications

Juvenile and Family Court Journal

WHERE TO FIND MORE INFORMATION NCJFCJ Website About Us Web page – www.ncjfcj.org/about

Articles of Incorporation

Bylaws

Annual Audit

IRS Form 990

Conflict of Interest Policy (covers all entities of NCJFCJ)

Whistleblower Policy (covers all entities of NCJFCJ)

Standards of Conduct Policy

Records Retention and Destruction Policy

Annual Report

Related Entities – National Juvenile Court Foundation and NCJFCJ Fund, Inc.

Resolutions and Policy Information Issues State Information/Fact Sheets

Leadership and Staff Listing

NCJFCJ Committee List Board of Directors’ Web page – www.ncjfcj.org/board-directors-meetings (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Meeting Materials and Minutes Executive Committee Web page – www.ncjfcj.org/Executive-Committee (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Meeting Agendas and Minutes Board Orientation Web page – www.ncjfcj.org/BoardofDirectors-Orientation (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Board Welcome Packet

Current Year Committee Charges

Board Committee Charters / Audit Committee Charter and Risk Register / Amicus Council Charter

Financial Training PowerPoint / Handout

IRC 4958 Intermediate Sanctions Information

Organization Charts

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Traditions - by Judge J. Dean Lewis, NCJFCJ Past President, July 2008 Annual Conference, Norfolk, Virginia

Internal Policies (Available upon request)

NCJFCJ Travel Policy

Alcohol and Drug-Free Workplace Policy

Prohibited Harassment and Discrimination Policy

Workplace Violence Policy

NCJFCJ Administrative Manual

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Introduction The National Council of Juvenile and Family Court Judges (NCJFCJ) is committed to working with and assisting its Board members to fulfill the mission and vision of the NCJFCJ. This Board Governance Handbook is designed to be a resource for Board members, as well as a guide to the legal and fiduciary responsibilities you have undertaken as a Board member. Since its organization in 1937, the NCJFCJ membership has grown in numbers, in the scope of issues addressed, and in the breadth of its national and international influence. Similarly, the NCJFCJ Board of Directors has grown and evolved and is actively engaged in its own development and growth. NCJFCJ staff and Board members have examined ways to formalize and document organizational Bylaws and Board policies, as well as Board procedures, staff/Board relations, and guiding principles or statements. The Board Governance Handbook collects and centralizes this critical information for Board members. The Board Governance Handbook remains a work in progress. As the Board changes and develops, so will this Handbook. Your active participation is critical to the mission and vision of the NCJFCJ. It is the responsibility of each Board member to read the Handbook and review the Appendices. Please share your questions and comments with the Office of the Chief Executive Officer.

Notice/Reserves the Right This Handbook contains general information as well as official policy of the NCJFCJ Board of Directors. Only the Board of Directors is authorized to alter or modify any official Board policies. Notice of potential policy changes will be given in advance when possible.

Replaces Previous Policies This NCJFCJ Board Governance Handbook replaces all previously issued NCJFCJ Board Governance policies whether written or oral, and any other previous manuals or guides.

Effective Date The effective date of this Board Governance Handbook is March 14, 2010.

Description of the NCJFCJ The National Council of Juvenile and Family Court Judges (the NCJFCJ) is a tax-exempt, non-profit corporation under Section 501(c)(3) of the Internal Revenue Code (formerly the National Council of Juvenile Court Judges). The NCJFCJ's principal place of business is at 300 E. Second Street, Suite 1500, Reno, Nevada 89501, and is affiliated with the University of Nevada, Reno. NCJFCJ also has an office located in

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Pittsburgh, Pennsylvania for its research division, the National Center for Juvenile Justice. The NCJFCJ is the over-arching organization for its related entities, including the National Juvenile Court Foundation, and the NCJFCJ Fund, Inc., described below, as well as the program departments of the NCJFCJ, which include the National Center for Juvenile Justice (NCJJ), Family Violence and Domestic Relations, and Child Welfare and Juvenile Law. Founded in 1937 by judges dedicated to improving the effectiveness of the nation’s juvenile courts, NCJFCJ strives to increase awareness and address issues facing children and families. The organization focuses on providing meaningful assistance and training for judges, court administrators, and related professionals who have been entrusted with the care of children and their families. Today, approximately 1,800 members and professionals from all 50 states, Washington, DC, territories, and several foreign countries rely on NCJFCJ to offer regular training, site visits and evaluation, policy development, and resource distribution. Headquartered in Reno, Nevada since 1969, the NCJFCJ is a recognized leader on matters of state, national, and international juvenile and family law, juvenile justice, family violence, trauma, child abuse and neglect, custody and visitation, termination of parental rights, adoption, substance use, child sex trafficking, and other critical issues. NCJFCJ members include judges, referees, commissioners, masters, probation officers, court administrators, social and mental health workers, lawyers, and other related professionals, advocates and volunteers. These members confront a variety of juvenile and family related issues every day in state, local, and tribal jurisdictions across the country, as well as in territories and foreign countries. The NCJFCJ offers our members continuing education, in Reno and nationwide; technical assistance; strategic planning; assistance regarding systems change; research; publications; and policy development, all of which provide needed information on current issues and improved practices in the field. To accomplish the NCJFCJ’s mission, various departments offer expertise in broad areas of juvenile and family law and in supporting the organization and its functions. Reno-based departments are the Office of the Chief Executive Officer, Human Resources and Internal Operations, External Affairs, Finance, Family Violence and Domestic Relations, and Child Welfare and Juvenile Law. The National Center for Juvenile Justice (NCJJ) is the research division of the NCJFCJ, often referred to as “The Center,” located in Pittsburgh, Pennsylvania. The Center’s purposes include: encouraging the progressive administration of juvenile justice and family law through independent research, technical assistance and the dissemination of information; and providing acquired knowledge and new research to judges, court personnel, other disciplines and interested persons. (See organizational charts and department descriptions.) The work of each program department is guided by an advisory committee as described in the Bylaws. The advisory committee for the NCJJ is also known as the Board of Fellows.

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Please refer to the NCJFCJ website at www.ncjfcj.org for more information about the NCJFCJ and each of the departments. The NCJFCJ Board of Directors – visit www.ncjfcj.org/about/ncjfcj for Bylaws, policies, annual Audit, and Form 990 information. The National Council is guided by a Board of up to 29 Directors from throughout the nation. Five Directors are Officers of the NCJFCJ – President, President-Elect, Treasurer, Secretary, and Immediate Past President. At the July 2014 Board meeting, the Articles of Incorporation were amended to change the name of the governing body from a Board of Trustees to a Board of Directors, and the Bylaws were amended to allow participation by Private Sector (private sector) members. Within this document, any reference to Board of Trustees is synonymous with the Board of Directors. The National Juvenile Court Foundation, Inc. – visit www.ncjfcj.org/about/national-juvenile-court-foundation for Bylaws, annual Audit, and Form 990 information. The National Juvenile Court Foundation, Inc., a Pennsylvania corporation, hereinafter called “The Foundation” or “NJCF,” is a non-profit corporation related to and associated with the National Council. Founded in 1950, the NJCF was created as the 501(c)(3) charitable entity through which NCJFCJ received its grant funding. The Foundation held 501(c)(3) status, and funding was received by the Foundation, then provided to the NCJFCJ for projects or other needs. NJCF was guided by a 15-member Board of Directors. In 1970, the NCJFCJ hired a consulting firm to do a comprehensive organizational assessment. The firm recommended that the NCJFCJ obtain its own 501(c)(3) status and the two governing Boards merge into one Board of Trustees. The NCJFCJ followed the recommendations in the early 1990s; however, in order to maintain the Foundation and its 501(c)(3) status and to be able to receive funds from certain charitable foundations, at least one Foundation Director was appointed. In 2010 an effort was made to reinvigorate the Foundation. The Bylaws were amended to allow for non-judge Board members so the Foundation could raise funds for the NCJFCJ. In 2015, the Foundation Bylaws were changed to reduce the Foundation Board to between three and five Directors, including the President, Treasurer, and Chief Executive Officer of the NCJFCJ. The NCJFCJ Fund, Inc. – visit www.ncjfcj.org/about/ncjfcj-fund-inc for Bylaws, annual Audit, and Form 990 information. The National Council of Juvenile and Family Court Judges Fund, Inc., hereinafter “The Fund, Inc.,” is a Nevada nonprofit 501(c)(3) corporation. The Fund, Inc. was established in 1989 to operate as a "supporting organization" for the benefit and assistance of the National Council of Juvenile and Family Court Judges, and programs which support or benefit the NCJFCJ; to receive, manage and invest endowment funds, and apply the net income and principal of those funds for the use or benefit of NCJFCJ. The Fund, Inc. holds assets pledged to and held by the endowment of the NCJFCJ and assets that support the work of the NCJFCJ.

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The Fund, Inc. is governed by a five-member Board of Trustees. Appointed members serve three-year terms. The Board includes the President, President-Elect, and Chief Executive Officer of the NCJFCJ, and two other members appointed by the NCJFCJ President.

Vision Statement

The VISION of the National Council of Juvenile and Family Court Judges is for a society in which every family and child has access to fair, equal, effective and timely justice.

(Vision Statement developed and adopted July 1999, Annual Conference, Chicago, IL; modified and adopted January 2009, Mid-Winter Meeting of the Board of Trustees, Reno, NV)

Mission Statement

The MISSION of the National Council of Juvenile and Family Court Judges is to provide all judges, courts, and related agencies involved with juvenile, family and domestic violence cases with the knowledge and skills to improve the lives of the families and children who seek justice.

(Mission Statement developed and adopted July 1999, Annual Conference, Chicago, IL; modified and adopted January 2009, Mid-Winter Meeting of the Board of Trustees, Reno, NV)

Goals The National Council of Juvenile and Family Court Judges seeks to fulfill its MISSION through the following GOALS:

Improving the standards, practices, and effectiveness of courts that handle juvenile delinquency, family law, dependency and domestic violence cases;

Providing training for judges and other professionals who serve in these courts;

Providing support for judges and other professionals through continuing education, research, publications, and technical assistance;

Providing technical support to court systems regarding their structure, management, and procedures;

Contributing to the development and implementation of national policy, standards, and procedures regarding children and families;

Acknowledging and upholding the rights of all parties and victims, the safety of all family members, and the safety of the community;

Informing the nation about the work of courts that hear juvenile delinquency, family law, dependency and domestic violence cases.

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(Adopted by the NCJFCJ Board of Trustees at their meeting in conjunction with the 72nd

Annual Conference, July 11, 2009, Chicago, IL)

Strategic Plan The NCJFCJ Board of Directors finalized and adopted a five-year Strategic Plan in July 2018, establishing six strategies:

Increase member, staff, and partner diversity

Amplify NCJFCJ’s messaging and marketing to expand reach of services and brand

Increase membership

Diversify revenue by pursuing fee-for-service opportunities

Engage state decision-makers

Align internal structure and processes (Adopted by the NCJFCJ Board of Directors at their meeting in conjunction with the 81

st Annual

Conference, July 21, 2018, Denver, CO. Expiration or modification of this Strategic Plan, or adoption of a new Strategic Plan by the NCJFCJ Board of Directors, shall supersede this reference.)

Values In 2019, the Board identified the following organization values:

Compassion

Education

Community

Leadership (Developed by the NCJFCJ Board of Directors at their meeting in conjunction with the 82

nd Annual

Conference, July 27, 2019, Orlando, FL)

Diversity Policy Statement The National Council of Juvenile and Family Court Judges (“NCJFCJ”) is committed to diversity in every aspect of its composition and in performing its mission. Diversity in the judiciary is vital to upholding public trust and confidence in the legal system. Diversity in this context refers to communities and individuals who are identified by race, ethnicity, national origin, gender, gender identity or expression, sexual orientation, socio-economic status, religion, age, or disability status. To achieve its mission and promote diversity, the NCJFCJ asserts its commitment to diversity through the following principles:

The NCJFCJ will recruit membership and leadership that reflects the diversity of the children and families we serve.

The NCJFCJ will provide educational and training programs, publications, and policy positions that are relevant and culturally-sensitive.

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National policy and standards developed by the NCJFCJ affecting courts will promote and encourage judges to be knowledgeable of diversity issues.

NCJFCJ will engage in recruitment practices and retention strategies to achieve a diverse staff.

(Adopted March 2007 at the Board of Trustees Meeting, San Diego, CA; revised and adopted by the Board of Directors, November 2015, Reno, NV)

Our Diversity Plan In February 2017, the NCJFCJ's Board of Directors developed Our Diversity Action Plan, restating the organization's commitment to Diversity, Equity, Inclusion and Justice (DEIJ). Led by the Diversity Committee and the Board of Directors, implementation activities are beginning. You may view Our Diversity Action Plan on the NCJFCJ website. (Developed February 11, 2017 at the Board of Directors Meeting, New York, NY)

Board and Director Responsibilities and Duties Board members have legal and fiduciary responsibilities, both as a Board and as individual Board members.

Role of the Executive Committee 1. The NCJFCJ Executive Committee exercises the authority of the Board

according to the Board and the Bylaws. The Executive Committee acts in the intervals between meetings; subject to the control and direction of the Board of Directors; must communicate to the Board of Directors any actions taken. (Bylaws Article IV, subd. G.)

Comment: To the extent that the Executive Committee acts for the Board, it acts within parameters established by the Board in advance of its actions. To act without Board guidance puts the Executive Committee at risk of being overruled by the Board. This provision should be interpreted narrowly.

2. The President, in consultation with the Executive Committee, makes committee

appointments. (Bylaws Article VIII.) 3. To the extent not inconsistent with the Bylaws, the Board of Directors may, in its

discretion, further define and delineate the roles and duties of the Executive Committee. (Bylaws Article IV, subd. G.)

Comment: Setting the Board Agenda: The task of setting the agenda for Board of Directors meetings has been assumed by the Executive Committee. The Board has officially delegated that task to the Executive Committee per the above language, and approved the following procedure: 1. The agenda is established by the President, Chief Executive Officer and the

Executive Committee.

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2. Agenda items may be suggested to the President or Chief Executive Officer from

any director, member, employee, or elsewhere. 3. Upon discussion by the Executive Committee, the Executive Committee shall

decide if the issue is ready for presentation to the Board. 4. If an issue needs further discussion or research, the President, in consultation

with the Chief Executive Officer, shall assign the discussion or research to an existing committee or shall create a new committee for that purpose in the event an existing committee on the subject matter does not exist.

5. The committee shall prepare a report documenting its meetings, discussions,

decision points and recommendations. 6. The recommendations in the form of an Action Item shall be sent to the

Executive Committee for review and decision on whether the item is ready to be presented to the Board of Directors. The Executive Committee may refer the item back to the committee for additional information and development. If the Executive Committee decides an issue is not ready for the agenda, the reasons for such will be noted in the minutes of the Executive Committee meeting distributed to the Board. If 50% of the Board of Directors notify the President that they disagree with the decision of the Executive Committee, the item will appear on the Board’s agenda as an Action Item.

7. Consent Agenda: Once action items are determined by the Executive

Committee as ready for the Board Agenda, the Executive Committee will determine which may be appropriate for a Consent Agenda. The draft meeting Agenda, with items to be considered for the Consent Agenda, shall be distributed to Board members not less than two weeks prior to the Board meeting for a period of review and an opportunity for board members to ask questions and receive answers to those questions to determine whether each board member then would approve the matter for inclusion in the consent agenda. The timeframe for review and questions should be clearly articulated, but in no case should it be less than one week.

During the review period, if any Board member believes an item requires debate or further discussion, the Board member may request an item be removed from the consent agenda for full discussion at the Board meeting.

When the review period is concluded, the Executive Committee will finalize the consent agenda based on the comments, questions and responses, and items requested by a Board member to be removed from the Consent Agenda will be placed on the meeting Agenda with a specified time for discussion.

8. The final Board meeting Agenda, with details listed as to items included on the

Consent Agenda or referred to the meeting Agenda for full discussion, and all related Exhibits (action items, Consent Agenda items, discussion items, and

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reports) shall be distributed to the Directors not less than one week prior to any Board meeting.

9. The Board of Directors will discuss and vote accordingly at the meeting. Comment: The above procedure should also be utilized with respect to substantive resolutions and policy statements. Ceremonial resolutions should be prepared and presented by the Secretary to the Membership for a vote at the annual meeting. With respect to substantive resolutions they should be decided by the Board of Directors, the policy making body for NCJFCJ. Development, adoption and notice of substantive resolutions is established in the policy on Establishing Public Policy. In voting on resolutions, the following procedure is adopted: 1. Once a resolution is presented to the Board, if it is passed by a two-thirds

majority of the Board of Directors, it is adopted by NCJFCJ. If the vote is less than two-thirds, three or more Directors may request the resolution be presented to the Membership at the annual meeting and will be adopted by a majority vote.

(Role of the Executive Committee developed and adopted January 2010, Mid-Winter Meeting of the Board of Trustees, Pittsburgh, PA; revised and adopted by the NCJFCJ Board of Trustees at its meeting on November 20, 2013, Reno, NV)

Responsibilities of the Board Duties of the Board can be categorized under four main areas of responsibility: Legal, Governance, Financial, and Organizational. Article IV.D. of the NCJFCJ Bylaws detail the collective responsibilities of the Board. Individual responsibilities are detailed in Article IV.C.

Legal

Exercise the legal duty of obedience by being faithful to the NCJFCJ mission, by acting in a manner consistent with its goals, and by ensuring the NCJFCJ operates in compliance with the laws that govern it.

Exercise the legal duty of care by acting in a reasonable, honest, fair, and informed manner and by being in attendance, well informed, prepared, and attentive.

Exercise the duty of loyalty by giving undivided allegiance to the NCJFCJ and the representation of its members, by exercising powers in good faith and in the best interest of the NCJFCJ, and by no self-dealing.

Follow the NCJFCJ Conflict of Interest Policy and Standards of Conduct.

Exercise effective risk management by being cognizant of Board activities that may create some risk, understand the risk management tools of the NCJFCJ, and evaluate risks to be sure they are effectively managed and minimized.

Governance

Determine, preserve, and when necessary, modify the Vision, Mission, and Goals of the NCJFCJ.

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Represent Board decisions in a manner that is consistent with the direction of the Board and the Vision, Mission, and Goals of the NCJFCJ.

Review and approve policies, as required.

Represent the external world to the organization and the NCJFCJ to the external world. o Establishing Public Policy

Protect the NCJFCJ from external threats.

Evaluate NCJFCJ’s projects and programs against its purposes.

Establish Public Policy – see Policy on Establishing Public Policy and related forms for Board consideration of policy items

Financial

Exercise financial stewardship.

Approve the annual operating budget.

Monitor ongoing financial performance.

Participate in development and fund raising activities as allowed by the individual’s Judicial or other professional Code of Conduct.

Oversee policies as needed to manage finances.

Ensure policies and procedures are adequate for providing positive responses to questions on filed public documents.

Review all financial public documents prior to filing.

Organizational

Participate in organizational planning and goal setting.

Select, support, and evaluate the Chief Executive Officer.

Monitor the overall management of the NCJFCJ.

Serve as a link between the NCJFCJ and the people who support it and are served by it.

Promote the organization to potential members.

Support and participate in committee work.

Individual Responsibilities of a Director

Each person serving as a Director must adhere to the responsibilities:

Adhere to the NCJFCJ Articles of Incorporation;

Adhere to the NCJFCJ Bylaws and the requirements and responsibilities stated therein;

Adhere to the Board of Directors Roles, Responsibilities and Expectations document;

Adhere to the Director Duties and Responsibilities Agreement;

Adhere to all policies adopted by the Board of Directors;

Prepare for all meetings by reviewing the agenda and supporting documents in advance;

Contribute and participate;

Stay current on issues and trends impacting the NCJFCJ and its Membership;

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Communicate effectively at all levels, exhibit professionalism and respect to other Board members and staff, and handle issues and conflicts appropriately; and

Work as a Board “team” member, treating information and Board discussions as “confidential.”

Board Meetings The NCJFCJ Board of Directors typically holds regularly scheduled in-person Board meetings three times annually, as follows:

Meetings in conjunction with the NCJFCJ Annual Conference

Immediately prior to the Annual Conference in July. Judicial Board members must register and participate in the conference, and support their own expenses related to conference registration. All Directors must support their own expenses related to lodging, meals and transportation.

Spring Meeting

A Spring Meeting, usually in conjunction with the NCJFCJ National Conference on Juvenile Justice or similar conference. Attend in person. Judicial Board members must register and participate in the conference, and pay their own expenses related to conference registration. All Directors are responsible for their own expenses related to lodging, meals and transportation.

Fall Meeting

NCJFCJ provides funding for a Fall meeting, including transportation, lodging and meals for this meeting. Each Board member will be contacted in the Fall regarding procedures for travel arrangements to attend this meeting.

Site Location: The Fall Meeting is typically held in Reno or Pittsburgh, the office cities of the NCJFCJ. This meeting is also an opportunity for Board members to see the offices of the NCJFCJ and meet staff that may not regularly attend Board meetings.

Board members agree to attend all in-person Board meetings. If unable to attend a meeting due to extraordinary circumstances, a Board member must notify the President of the Board of Directors and/or the Office of the Chief Executive Officer.

The Bylaws also make provision for telephonic meetings or extraordinary meetings as may be necessary to conduct the business of the NCJFCJ. Directors will make every effort to attend telephonic, electronic or other extraordinary meetings of the Board.

For purposes of the Bylaws, Article VII. C. Removal, a Board meeting is defined as an in-person meeting, and telephonic and electronic meetings will not be considered in calculating attendance. (Approved by the NCJFCJ Board of Trustees at its meeting on July 23, 2011, New York, NY)

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Applicability of Open Meeting Laws

Pursuant to legal advice (Governance Committee Report to the Board, February 2013), the NCJFCJ is not subject to open meeting laws and may use its own discretion to include or exclude outside participants.

Meeting Minutes

The NCJFCJ may record proceedings of various meetings of the NCJFCJ Board of Directors, Sr. Management or other committees as appropriate. A recording of a meeting serves as a tool to verify a recorder's notes and ensure accurate minutes. A recording is not an official record or replacement of meeting minutes. Typically such meetings will be recorded for ensuring accuracy of minutes, and will be transcribed as a concise record of actions and key points of discussion. Participants will be notified of any taping at the beginning of the meeting and may be suspended upon request of participants. A key employee in each department should be assigned the duty of maintaining the recordings made in that department. It is the policy of the NCJFCJ to destroy audio tape or other recordings of each meeting. The assigned employee is responsible for ensuring that such audio or other recording of each meeting is destroyed within 30 days after the minutes are formally approved.

(Approved by the Board of Trustees as part of the Governance Handbook, March 14, 2010, Las Vegas, NV)

Executive Session Policy and Guidelines

This policy provides guidelines and procedures for conducting executive session discussions and the handling of related materials in accordance with the NCJFCJ Bylaws and policies and Robert’s Rules of Order. Implementation of these procedures is considered to be in the best interest of NCJFCJ to guide the use of executive session discussions at meetings.

(Approved by the NCJFCJ Board of Directors at its meeting November 17-18, 2014, Reno, NV)

Governing Policies

Code of Ethics Juvenile and family court judges face many challenges while performing their responsibilities in providing leadership for systems improvement and fulfilling their mandate of serving the best interests of children and their families in compliance with

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state canons of ethics. The NCJFCJ has been a leader in providing information, education and support to judges so they may exercise a proper judicial leadership role within the community to provide for better services for children and their families. While the controlling authority for judges is their code of judicial ethics as adopted by their state supreme court or tribe, the NCJFCJ provides curricula, articles, and other information about judicial leadership and ethics. (See ABA Model Code of Judicial Conduct; NCSC Center for Judicial Ethics; and NCJFCJ resolutions at https://www.ncjfcj.org/about/resolutions-and-policy-statements.)

Standards of Conduct Policy I. Statement of Policy It is the policy of the Board of Directors of the National Council of Juvenile and Family Judges (NCJFCJ) that the highest standards of conduct must be followed by all members including the Board of Directors and all officers of the organization. The NCJFCJ represents the highest standards of conduct and expects members, directors and officers to set an example for their communities. Honesty and integrity are the necessary characteristics required of members, directors and of officers in the conduct of their duties. The following standards of conduct establish the guidelines members, directors and officers must follow. II. Basic Policy Members, directors and officers must: A. Conduct themselves in accordance with any applicable state, tribal or

federal codes of conduct. Any standards in this code should be followed in conjunction with, and in addition to, but not in place of, other applicable ethical codes.

B. Conduct themselves in a manner that avoids not only impropriety, but also the appearance of impropriety.

C. Not give, or in any way appear to give, unjustified, favored treatment or advantage to any person, unit of government, or organization in matters related to the performance of the director's or of the officer's duties, or the duties of the NCJFCJ.

D. Avoid any action which might result in, or create the appearance of: 1. using NCJFCJ membership for private gain, 2. making an NCJFCJ decision outside of the official channels, or 3. affecting adversely the confidence of the public in the integrity of the

NCJFCJ. E. Violations of these standards of conduct include, but are not limited to: 1. convictions for felonies, 2. willful misconduct in connection with duties as members, directors, or

officers of the NCJFCJ or of the duties of the NCJFCJ, or 3. willful misconduct, not in connection with duties as members,

directors or officers of the NCJFCJ which tends to bring the NCJFCJ into disrepute.

III. Conflict of Interest

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A. All individuals within the organization, including Board of Directors members, staff, committee members and others as necessary will be required to review the Conflict of Interest Policy (adopted by the Board of Trustees, July 23, 2011) and submit Conflict of Interest Acknowledgment and Disclosure forms annually, and submit updated Disclosure forms at any time during the year should a circumstance arise that may be, or may be perceived as, a potential conflict of interest. Board members and staff are also required to complete conflict of interest training at time of election or hire. Additionally, all real or perceived conflicts of interest will be brought to the attention of the Audit Committee or the National Council Conduct Committee, depending on the nature of the conflict, for consideration, resolution and direction.

B. All individuals covered by this Standards of Conduct Policy must agree to abide by the NCJFCJ Conflict of Interest Policy. The purpose of the Conflict of Interest Policy is to protect the National Council of Juvenile and Family Court Judges’ interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer, staff member, committee member or director of the organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations.

IV. Improper Use of Official Information A. No director or officer shall use for their financial gain or for that of another

person, or make any other improper use, whether by direct action on their part or by counsel, recommendation, or suggestion to another person, information which comes to the director or the officer by reason of their status as a member of the Board, as an officer of the NCJFCJ, or as a member of the NCJFCJ, and which has not become part of the body of public information.

V. National Council Conduct Committee

A. There shall be established a National Council Conduct Committee to review matters arising under, and to render advice regarding, this Code of Conduct and the NCJFCJ Director Duties and Responsibilities Agreement.

B. The make-up, appointment, and terms of the Conduct Committee, as well as

roles and responsibilities, are defined within the NCJFCJ Bylaws, Article VIII. E. 2.

(The "Standards of Conduct," with language specific to each Board, were adopted July 17, 1991, in Rapid City, SD by: Officers and Members, Board of Trustees, NCJFCJ; Officers and Members, Board of Trustees, NCJFCJ Fund, Inc.; Officers and Members, Board of Trustees, National Juvenile Court Foundation, Inc.; Revised Jan. 10, 1998, and adopted at the NCJFCJ Board of Trustees’ Meeting, Santa Barbara, CA; Revised July 26, 2008, and adopted at the NCJFCJ Board of Trustees’ Meeting, Norfolk, VA)

Individual Gifts

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NCJFCJ employees and all other interested persons are prohibited from soliciting a gift, or any consideration of value for themselves, members of their families, or anyone with whom the employee or a member of their family has a relationship, personal or professional (including charitable organizations), or from anyone with whom the NCJFCJ has an actual or potential business relationship or that might be reasonably viewed as actually or potentially influencing the individual’s objective judgment on behalf of the NCJFCJ.

Gifts accepted on behalf of or because of involvement with the NCJFCJ from vendors and others who do business with the NCJFCJ must be de minimis in nature. Regardless of pecuniary value, no such gift may be accepted if it in any way influences business or purchasing decisions. The maximum value of any single gift accepted by an employee or other interested person may not exceed $50.00, or $150.00 in combined value for multiple gifts in any calendar year. All persons subject to this policy must avoid situations which may be unethical or have the appearance of impropriety.

NCJFCJ employees and all other interested persons must not offer a gift, meal, or other consideration that might be reasonably viewed as actually or potentially intended to influence the objective business judgment of anyone with whom the NCJFCJ does business. It may be illegal for government officials and employees, including grant managers, to accept gifts, meals, or other consideration. The NCJFCJ does not permit the offering of any gift, meal, or other consideration that is not de minimis in value, to any government or regulatory official, employee, or other representative.

(Adopted March 14, 2009 at the Board of Trustees Meeting, Orlando, FL)

Communication and Consultation Policy

“Communication” means to inform both before and after an action is taken. “Consultation” means to inform and request input before an action is taken. I. It is the policy of the NCJFCJ that matters relating to Council operations be

communicated to the Executive Committee and Board as promptly as possible. To this end, the following are adopted:

A. The Chief Executive Officer shall regularly report to the Board and Executive Committee concerning the NCJFCJ operations.

B. The President shall regularly report to the Board concerning the NCJFCJ operations and the President’s activities.

C. The Executive Committee shall have regular meetings. D. The Chief Executive Officer and the President shall regularly report to the

membership on the NCJFCJ operations. E. Agendas and minutes of the Executive Committee meetings shall be

promptly provided to the Board in order to inform the Directors of the content of the agenda and decisions, so Directors can respond in a timely manner to those matters.

Communication shall be used in its broadest sense, including conference calls, e-mail, and website, as well as NCJFCJ publications and meetings.

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II. Pursuant to the Governance Policy, the Chief Executive Officer shall consult with the Executive Committee or Board before taking action on issues requiring Executive Committee or Board input.

III. Prior to a vote by the Board, the Executive Committee may provide the Board its

views on the issue, both pro and con, and any impact such action might have on the NCJFCJ, as well as its recommendation.

(Adopted January 17, 2004, Board of Trustees Meeting, New Orleans, LA; Revised July 26, 2008, and Adopted at the Board of Trustees Meeting, Norfolk, VA)

Congressional Contact Policy The legislative effort of the National Council of Juvenile and Family Court Judges shall be structured according to the following protocol:

1. The Chief Executive Officer will request members of the NCJFCJ to make contacts with members of the House and Senate Appropriations subcommittees on Commerce, State and Justice, or other Committees relevant to NCJFCJ work, using materials developed by the NCJFCJ to request support for funding or policy issues. Contacts will also be made with Senators and Representatives from Nevada, Pennsylvania and other states.

2. The Executive Committee and Board of Directors will receive monthly updates about legislative, policy and federal funding issues from the Chief Executive Officer.

3. Any NCJFCJ member or staffer who makes contact with a federal legislator, legislative staff person, or member of the administration about an issue of interest to NCJFCJ should notify the Chief Executive Officer or designated Reno staff person in advance if possible of the contact, using the Congressional Contact form.

4. The Chief Executive Officer and dedicated Reno staff will maintain regular contact with members of the Nevada Legislature.

5. Staff will compile, update and index a database of all NCJFCJ members and staff who have contacts with federal legislators or administration officials.

6. Any member of the NCJFCJ who is asked to testify before a congressional committee or subcommittee will inform the Chief Executive Officer prior to testifying and, if possible, submit a copy of any written testimony to the Chief Executive Officer.

7. In addition to other fund raising responsibilities, the Chief Executive Officer will actively seek unrestricted funds with which NCJFCJ can maintain and/or enhance its educational and legislative policy efforts.

(Adopted January 16, 2004, Board of Trustees Meeting, New Orleans, LA; modified March 14, 2010 at the Spring Meeting of the Board of Trustees, Las Vegas, NV within the Board Governance Manual.) Legislation

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The NCJFCJ provides information and education to state and federal legislators, executive branch leaders, and other policy makers concerning the issues and concerns that touch on juvenile and family law in accordance with its Congressional Contact Policy. Any NCJFCJ member or staffer who makes contact with a state or federal legislator, legislative staff person, or member of the administration about an issue of interest to the NCJFCJ should notify the Chief Executive Officer or designated Reno staff person in advance, if possible, using the Congressional Contact Form. If a federal legislator, legislative staff person, or member of the administration contacts a staff person about an issue of interest to the NCJFCJ, the staff member should notify the Chief Executive Officer, using the Congressional Contact Form. Any lobbying or public policy activities regarding specific bills, legislation, or funding must follow guidelines outlined in the Policy on Public Policy. Most grantors require applicants for certain grants and cooperative agreements to certify that no funds have been or will be used in lobbying or disclose such activities or require disclosure of such activities. It is the responsibility of employees to be familiar with the certification documents for their specific grants. The NCJFCJ cannot support or promote any political campaign.

Governance Policy It is the responsibility of the NCJFCJ Board of Directors to set and articulate the policies of the Council. Policies can be symbolic, substantive, and/or procedural.

Symbolic policy embodies the values and ideals of the National Council as articulated in the Vision and Mission of the NCJFCJ. (See Establishing Public Policy.

Substantive policy entails the allocation of resources and is expected to have a significant impact on the Mission of the Council. These policies are contained in the budget and various publications, position papers and written policy statements of the National Council.

Procedural policy outlines the stages or steps in a process. With procedural policy statements, the members of the Board of Directors give the Chief Executive Officer guidance as to how the Board of Directors wants its policies to be implemented.

It is the procedural policy of the NCJFCJ that in all matters involving the Constitution and Bylaws, vision, mission, budget, location, publications, position papers, and all other matters having the potential of altering the stated policies of the NCJFCJ, or establishing new policies, the Chief Executive Officer shall discuss those matters with the President of the NCJFCJ who shall, in turn, inform each of the members of the Executive Committee. It shall be the Executive Committee’s responsibility to decide whether the action is one with such policy implications that it requires Board action or whether it is a management action within the purview of the Chief Executive Officer.

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Management takes place in the context of political reality and involves the art of interpersonal relationships, communicating, implementing, and carrying out the policies of the Board while balancing the needs and best interests of the organization and the employees (individually and collectively).

The Executive Committee’s role in relation to the Board of Directors must also be defined as part of the overall Governance Policy of the National Council. Recognizing the following:

a. There is insufficient funding for the Board of Directors to meet more than three (3) times per year (with two (2) of these meetings being unfunded);

b. The process of electronic discussion and voting on necessary policy questions between regularly scheduled Director meetings, although in need of some refinement, is an effective process;

c. The Executive Committee shall have regular meetings; d. Because of its size, continuity and ability to meet more frequently, the Executive

Committee is in the best position to acquire information, make recommendations and disseminate these to the Board of Directors for its consideration; and

e. Shall operate as defined under the Role of the Executive Committee adopted by the Board of Directors and stated previously in this manual.

It is recommended that:

1. On all “policy” decisions, the Executive Committee has the responsibility for defining the decision that needs to be made, gathering information on the financial and programmatic impact of the decision on the National Council, and transmitting that information and, where appropriate, a recommendation to the Board, in person or by other means. The Board will then have the opportunity for discussion and to vote on the policy decision, again in person or electronically.

2. In addition to the Chief Executive Officer’s Report and the President’s Report being prepared and distributed to the Board at least quarterly, the minutes of all Executive Committee meetings will be promptly provided to the Board.

Refer to the NCJFCJ Responsibility Matrix for more information. (The NCJFCJ Governance Policy was adopted Saturday, January 17, 2004, NCJFCJ Board of Trustees Meeting, New Orleans, LA; Revised July 26, 2008, and adopted at the Board of Trustees Meeting, Norfolk, VA)

Intermediate Sanctions (IRC 4958) Policy The enactment of IRC 4958 was an important change in the federal income tax law relating to tax-exempt organizations. The purpose of IRC 4958 is to impose sanctions on influential persons in charities and social welfare organizations who receive excessive economic benefits from the organization. It is the intent of the National Council of Juvenile and Family Court Judges to comply with all provisions of IRC 4958 – Intermediate Sanctions. Accordingly, the Intermediate Sanctions Policy will help ensure compliance.

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NCJFCJ’s Intermediate Sanctions Policy will be reviewed and disseminated yearly. The Board of Directors will review the Conflict of Interest Policy annually to ensure compliance with IRC 4958. (Developed by the NCJFCJ Audit Committee, October 2005; Revised November 13, 2017, Pittsburgh, PA)

Nondistribution of Earnings The NCJFCJ prohibits any distribution of earnings to members in general, members of the board of directors, committee members and chairs, and the like. These individuals can be reimbursed for reasonable travel expenses as stated in the NCJFCJ Travel Policy.

Records Retention and Destruction Policy The Records Retention and Destruction Policy ensures that necessary records and documents are adequately protected and maintained; that records no longer needed by the NCJFCJ and its related entities or are of no value are discarded at the proper time. The NCJFCJ retains records to comply with Federal and state laws and regulations, contractual obligations, and as necessary for historical reference. This policy is in effect for all directors, officers, and employees of the NCJFCJ. Records and documents outlined in this Policy include paper and electronic files.

Records Retention Schedule

(Revised and Adopted by the board of Directors on November 14, 2019, Pittsburgh, PA)

Whistleblower Policy The NCJFCJ’s Whistleblower Policy is intended to encourage and enable employees and others to raise serious concerns within NCJFCJ prior to seeking resolution outside the NCJFCJ. Board members are responsible for reading the Whistleblower Policy, signing the Acknowledgment form, and returning the form to the Chief Executive Officer.

(The NCJFCJ Whistleblower Policy was adopted by the Board of Trustees, January 12, 2007, Savannah, GA; revised by the Audit Committee, November 13, 2017, Pittsburgh, PA)

Practice and Procedures

Requests for Assistance of Staff A request for assistance from an NCJFCJ staff member which may go beyond the scope of his or her normal or funded workload should be requested of the

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Chief Executive Officer, who will forward the request on to the appropriate Director for handling or determination as to whether there is funding to cover the work or if the requesting judge, or his or her jurisdiction, will need to support the work. Because of limited funds available for performance of such work, each request must be carefully reviewed.

Amicus Briefs (January 22, 2011) After debate and discussion, and consideration of the advantages and disadvantages of participation in amicus briefs, a decision was made by the NCJFCJ Board of Trustees on January 22, 2011, that the NCJFCJ does not participate in amicus briefs.

(Approved by the NCJFCJ Board of Trustees at its meeting on July 23, 2011, New York, NY)

Annual Conference Fee Policy In accordance with a motion passed by the Board of Trustees of the National Council of Juvenile and Family Court Judges at their July 1990 meeting, all members, participants, and faculty of the National Council who participate in the NCJFCJ’s Annual Conference must pay the full Annual Conference registration fee, with the exception of Past Presidents of the NCJFCJ. This includes any person attending meetings held in conjunction with the conference who wishes to participate in any portion of the training component or any other activity related to the conference. Should a person’s attendance at an activity related to the conference be required for other purposes, a department director may request that a fee waiver be considered. However, it is the policy of NCJFCJ that a faculty person who arrives the night before their presentation and leaves immediately following, and does not participate in any portion of the Annual Conference or its related activities, will not be required to pay the registration fee. Applicability for waiver of the registration fee will be decided by the Chief Executive Officer on a case-by-case basis. Departments shall submit the necessary information a minimum of 30 days prior to the conference to request waiver of the fee. (Adopted by the NCJFCJ Board of Trustees at their Mid-Winter Meeting, January 9-10, 2008, Rancho Mirage, CA)

Annual Conference Fee Waiver for NCJFCJ President and President-Elect

Pursuant to an action by the Board of Trustees on July 23, 2011, subsequent to a motion brought forward by the Governance Committee, the Annual Conference registration fee is waived for the Officer serving as NCJFCJ President during the

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Annual Conference (outgoing President), and the Officer serving as NCJFCJ President-Elect that shall be installed as President during the Annual Conference (incoming President). (Approved by the NCJFCJ Board of Trustees at its meeting on July 23, 2011, New York, NY)

Annual Conference Fee Waiver for NCJFCJ Past Presidents

Pursuant to an action by the Board of Trustees on January 10, 2008, subsequent to a resolution forwarded to the Trustees by the July 2007 Resolutions Committee, the Annual Conference registration fee is waived for all NCJFCJ Past Presidents.

(Approved by the NCJFCJ Board of Trustees at their Mid-Winter Meeting, January 9-10, 2008, Rancho Mirage, CA)

Board Director/Amicus Council Member Recruitment Policies

Requirements and Process for Election of Private Sector Board Directors NCJFCJ Board service includes a commitment of a Board member’s skills, time,

talent and treasure to further the mission of the organization. Qualifications for

Private Sector Directors are outlined in the NCJFCJ Bylaws in Article IV. B, and

Election of Private Sector Directors in Article IV. E. The NCJFCJ has an established

Process for Recruitment/Election of Private Sector Directors.

Requirements and Process for Appointment of Amicus Council Members - The NCJFCJ’s Amicus Council is established as a Standing Committee under Article VIII. E. 5. of the Bylaws. The Amicus Council is composed of talented, experienced, and influential individuals who are invited to provide support to NCJFCJ’s Board of Directors. These individuals have a passion for the vision and mission of the NCJFCJ, promote the organization and assist with fundraising efforts and increase visibility of the NCJFCJ in local communities, their respective states, and nationally. The NCJFCJ has an established Process for Recruitment/Appointment of Amicus Council Members.

Board Self-Assessment The NCJFCJ Board of Directors shall undergo an annual or biennial self-assessment. The process and form for the self-assessment shall be determined by the Governance Committee. The process and tools utilized shall be reviewed and modified as necessary on a regular basis, and shall be institutionalized for a period of time for consistency from year to year.

The Governance Committee will make a decision as to the format and tools for the assessment prior to the Spring Meeting of the Board of Directors, conduct the assessment in March/April, and disseminate results prior to the Annual Meeting of the Board of Directors.

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The Board shall discuss the results of the assessment during the Annual Meeting of the Board of Directors and the Executive Committee shall utilize the information in planning for the subsequent year.

(Approved by the Board of Trustees as part of the Governance Handbook, March 14, 2010, Las Vegas, NV)

Chief Executive Officer Performance Evaluation Policy The evaluation of the Chief Executive Officer (CEO) is one of the most important responsibilities of the Board of Directors. The evaluation process provides a formal opportunity for the Board and the CEO to have a constructive discussion regarding the performance of the NCJFCJ and the CEO’s leadership of the organization. A Chief Executive Officer Performance Evaluation Policy was formally adopted by the Board of Directors in November 2012.

This policy sets out the roles and responsibilities, evaluation period, timing, and general process and criteria the Board of Directors will use in evaluating the performance of the CEO.

Communication Protocol regarding Commitment of Support for Projects and Funding

The Communication Protocol regarding Commitment of Support for Projects and Funding is intended to ensure conflicts with NCJFCJ projects or funding proposals are avoided when a Board, committee or staff member is requested to support or partner in projects or funding proposals for another organization. In such instance, an internal review is necessary to avoid conflicts if the request for support or partnership by a Board, committee or staff member is in conflict with the interests of NCJFCJ or the fiduciary duty of a Board, committee or staff member.

(Approved by the Board of Trustees at their Mid-Winter Meeting, January 20, 2012, Coronado, CA)

Development and Fund Raising NCJFCJ fund raising includes annual campaigns to support the operating budget, which include Board, staff, friends of the Council, and member campaigns; and when needed, capital campaigns to raise funds for endowment and facilities. While the Chief Executive Officer is responsible for the development and solicitation of gifts for special projects and campaigns and shall participate on the coordination of these projects and campaigns, Board involvement in campaigns is critical to their success, with Board members providing personal leadership and making personal gifts. The Board shall assist the Chief Executive Officer in identifying and developing sources and prospects for gifts to the NCJFCJ, shall develop and manage a program through which Directors actively donate to the NCJFCJ, and shall participate with staff in annual

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giving and campaign giving. Judges’ participation in development and fund raising may be circumscribed by their state codes of judicial ethics.

The Board should exercise oversight of fund raising by approving the fund raising procedures and policies, and ensuring appropriate accounting for and expenditure of donated funds.

Donor Relations It is the policy of the NCJFCJ to treat donors with respect, gratitude and consideration. The NCJFCJ follows the request of donors concerning confidentiality and anonymity.

It is the policy of the NCJFCJ to send thank you letters on official letterhead acknowledging all contributions, regardless of the amount. The letters should indicate the dollar amount contributed. It is also NCJFCJ policy that a letter is sent to all contributors, no later than January 31 of each year, informing the donor of the total donations they provided to the organization in the prior year for purposes of their tax preparation.

Appropriate rules of accounting are followed in recording unrestricted and restricted donations. The NCJFCJ will inform contributors in writing of a good faith estimate of the nondeductible portion of any quid pro quo contributions made for any fundraising activity, if the contribution exceeds the amount specified in IRS guidelines. Major donors are provided audited financial statements and annual reports of the NCJFCJ.

Gift Acceptance Policy Acceptance of any financial commitment, gift or bequest is at the discretion of NCJFCJ and NCJFCJ reserves the right to decline any financial commitment, gift, or bequest. No financial commitment, gift or bequest will be accepted unless it may be used consistent with the purpose and mission of NCJFCJ. In addition, NCJFCJ has the right to determine how a gift will be credited and/or recognized. Considerations and acceptance authority is specified in the NCJFCJ’s Gift Acceptance Policy. (Adopted by the NCJFCJ Board of Directors, November 15, 2016, Reno, NV)

Excerpted from The Nonprofit Policy Sampler, Second Edition by Barbara Lawrence and Outi Flynn, a publication of BoardSource, formerly the National Center for Nonprofit Boards. BoardSource © 2006.

Amicus Council The NCJFCJ’s Amicus Council is established as a Standing Committee under Article VIII. E. 5. of the Bylaws, to promote the organization and assist with fundraising efforts

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and increase visibility of the NCJFCJ in local communities, their respective states, and nationally. The Amicus Council Charter outlines the purpose, role, membership, responsibilities, terms and appointment, officers, qualifications and structure of the standing committee. (Charter adopted by the NCJFCJ Board of Directors, July 16, 2016, Monterey, CA; revised July 15, 2017, Washington, DC; revised November 14, 2019, Pittsburgh, PA)

It is the policy of the National Council of Juvenile and Family Court Judges to adopt the Centers for Disease Control and Prevention Continuum of Evidence of Effectiveness in identifying evidential value of programs and practices within the juvenile and family courts. To support this categorization, the NCJFCJ makes the following recommendations related to classifying programs and practices:

All programs and practices discussed by the NCJFCJ will be categorized according to the Continuum of Evidence of Effectiveness.

All NCJFCJ publications that are related to programs and practices will include a classification of the program or practice based on the continuum.

Decisions regarding how programs and practices will be categorized should be completed by senior research personnel who have an in-depth understanding of research methods.

All NCJFCJ staff will use the language from the continuum in discussing the effectiveness of programs and practices.

All research reports will identify where the program or practice of interest fall on the continuum when reporting findings.

Appropriate programs and practices may be nominated by NCJFCJ to CrimeSolutions.gov for inclusion on their website to more broadly inform systems change efforts and identify promising practices.

March 2014. See http://www.ncjfcj.org/about/resolutions-and-policy-statements for the full policy.

Expectations for Training and Technical Assistance The National Council of Juvenile and Family Court Judges (NCJFCJ) aims to provide the highest quality training and technical assistance possible to improve practice in juvenile and family courts. The NCJFCJ established Expectations for Training and Technical Assistance designed to help NCJFCJ staff, faculty, and consultants develop and deliver these critical services in an efficient, consistent, and effective manner. (Adopted March 15, 2009 at the Board of Trustees Meeting, Orlando, FL)

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External Communications Policy Media Inquiries From time to time, an NCJFCJ employee not directly involved in public affairs may receive an inquiry from a media representative, seeking general information or specific information about an area of juvenile or family law. The NCJFCJ expects the information or opinions attributed to the Council to accurately reflect its mission, policies, positions, and activities. Employees receiving media calls for information or comments should note the name of the caller, the organization telephone number, what the call is regarding, and the deadline, and provide it to the NCJFCJ Communications Manager , the Chief Executive Officer, or if they are unavailable, another Chief Officer or Director. Employees should not transfer a reporter directly to a senior NCJFCJ official. Time should be allowed to research the call and prepare an appropriate answer. The NCJFCJ Communications Manager will discuss the issue with the appropriate Chief Officer or Director (if requesting information or materials on a subject relevant to our work), the Chief Executive Officer, or the President and Executive Committee. When approved to do so, employees may offer to provide media representatives with relevant NCJFCJ materials. All requests for press passes to NCJFCJ conferences, meetings, or other events should be referred to the Communications Manager. If a representative of the media wishes to discuss matters that do not concern the NCJFCJ, e.g., an issue affecting an employee’s neighborhood association, the employee should talk with the media representative outside of work hours and not on NCJFCJ premises. The employee should be clear in talking with the representative that any opinion given is that of the employee and not the opinion of the NCJFCJ.

Press Releases The NCJFCJ is complemented by its diverse, accomplished leadership, members, faculty, and staff with a broad variety of projects and initiatives underway or being initiated at any given time. As a result, the NCJFCJ is pleased to provide press releases as outlined in the Press Release Policy and Procedures. All press releases are issued through the NCJFCJ Communications Manager and/or NCJFCJ’s public relations agency with approval by the Chief Executive Officer, as appropriate. Press Release Procedure Staff may request dissemination of press releases from the NCJFCJ Communications Manager for the following purposes:

Announcing new NCJFCJ projects or initiatives, with consideration to funding agency guidelines.

Training conferences/meetings in Reno, Pittsburgh, Washington, D.C., or other locations, when appropriate and with consideration to security concerns.

Staff hires, retirements, major accomplishments, or recognitions.

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NCJFCJ Board or member retirements, major accomplishments, or recognitions. Departments should provide a draft press release to the NCJFCJ Communications Manager outlining pertinent information, such as:

NCJFCJ Projects or Initiatives

Title of the project and project period

Funding agency

Amount of funding

Summary of the purpose and activities of the project Training Conferences and Meetings

Title of the program

Dates and location of the conference, if appropriate with consideration to security concerns

Number and disciplines of expected attendees

Whether or not the program is open for registration, and if so, cost of conference, lodging, and other expenses as applicable

Summary of the learning objectives and topics covered by the program Note: Press releases for new projects or initiatives, or conferences supported primarily by specific grant funds, should have the approval of the funding agency if required, prior to submission to the NCJFCJ Communications Manager.

Staff Hires, Retirements, Major Accomplishments, or Recognitions

Staff person’s name

Degree(s) and educational institution(s) where degrees were earned

Accomplishments prior to and including work with the NCJFCJ

Other recognitions received

Longevity with the NCJFCJ

Other information pertinent to the purpose of the press release

NCJFCJ Board or Member Retirements, Major Accomplishments, or Recognitions

Name, title, organization or court jurisdiction

Degree(s) and educational institution(s) where degrees were earned

Accomplishments including work with the NCJFCJ

Other recognitions received

Longevity with the NCJFCJ

Other information pertinent to the purpose of the press release All press releases should have the review and approval of the person(s) featured in the release. Staff shall submit press releases to the NCJFCJ Communications Manager following review and approval by the Chief Officer or Director. The NCJFCJ Communications Manager will address any questions or concerns with the Director or Chief Officer. If concerns are unresolved, the Chief Executive Officer will be consulted. The Office of the Chief Executive Officer or the NCJFCJ Communications Manager will approve all press releases before dissemination.

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Project or initiative announcements will be submitted to media outlets in the state or district of the office implementing the project (Nevada, Pennsylvania, etc.). Departments should indicate if there are specific media outlets in that state or in other states that should receive the press release. Staff releases will be forwarded to media outlets in Reno, Sparks, Las Vegas, Pittsburgh, and Washington, D.C., or other areas as appropriate and requested. Board or member releases will be approved by the NCJFCJ member, and forwarded to media outlets in their home city, and other locations, including Reno or Pittsburgh, as appropriate. (Internal policy established March 2015; revised 2017)

Faculty and Speaker Selection Policy This policy governs the selection of faculty and speakers for National Council of Juvenile and Family Court Judges (NCJFCJ) programs, trainings and conferences. In fulfilling its mission, the NCJFCJ aims to select faculty and speakers who represent the best practices in the field of juvenile and family justice. NCJFCJ staff should balance the interest of the organization or Department and the needs of the training or technical assistance service when selecting faculty and consultants. Individuals chosen should reflect the NCJFCJ commitment to diversity, and although not exhaustive, factors NCJFCJ staff should consider in selecting faculty and consultants include expertise, history, prior evaluations, funding, fees, membership/staff status, and availability. When necessary, appropriate, and feasible, judicial officers and content area experts will be paired to provide training and technical assistance.

(Developed by the NCJFCJ Executive Committee, January 10, 2007)

Insurance

The NCJFCJ carries and provides general liability and directors and officers liability insurance. The Council also holds an accidental death and dismemberment policy that covers Board members while traveling on Council business. Contact the Finance Department for additional information concerning coverage.

Intellectual Property and Work Products Intellectual Property The intellectual property of the NCJFCJ, including books, journals, magazines, articles, computer generated materials, curricula, and other publications, reflects

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the national and international scope of the work of NCJFCJ staff and its members. It is the responsibility of all staff, the Board of Directors, and members to promote the work of the NCJFCJ and safeguard copyrighted materials; for example, by correct citation to referenced work in oral presentations as well as written products. Work Products The NCJFCJ strives to ensure appropriate recognition is provided to staff, members, and other contributors to NCJFCJ work products. All such products, including technical developments, articles, texts, writings, files, correspondence, computer generated materials, etc., created by staff members in the course of their employment by NCJFCJ become the exclusive property of the NCJFCJ unless otherwise expressly and specifically provided by the Chief Executive Officer. NCJFCJ Recognition When the NCJFCJ is involved in development, planning or implementation of training, publications, curricula, research, or other services or products, the NCJFCJ staff, Directors and members should request that recognition for the work be given as may be appropriate and whenever possible. This may include recognizing NCJFCJ efforts at any level of program assistance, including agenda development, faculty recommendations, or co-sponsoring of a program or event. Recognition may include, but is not limited to, displaying the NCJFCJ logo during the program, mentioning the NCJFCJ and its work during presentations, making available NCJFCJ materials throughout the program and including the NCJFCJ’s name in media press releases, sound bites, or articles. Contact the NCJFCJ Communications Manager with any questions.

Membership/Mailing Lists Dissemination It is the policy of the NCJFCJ that its Membership/Mailing List may not be sold for any purpose.

However, this list may be shared with partner organizations, determined on a case-by-case basis, and taking into consideration the purpose for which the list will be used. The NCJFCJ may share its list in order to promote conferences, products, or other items which it feels will be of interest and benefit to its membership, and may request lists from partner organizations for the same purpose. The Chief Executive Officer shall have the authority to make this determination.

Any organization provided the NCJFCJ list may use the list only for the purpose stated, and may not sell, share, give, or provide in any way the NCJFCJ list or any portion thereof to any other party.

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Members of the NCJFCJ shall have the opportunity to opt out of inclusion on the mailing list. NCJFCJ staff shall annually report to the Board of Directors all organizations that have been provided the NCJFCJ list. (Motion adopted by the NCJFCJ Executive Committee, January 20, 2000; policy approved March 14, 2010 at the Spring Meeting of the Board of Trustees, Las Vegas, NV within the Board Governance Manual)

Protocol for Consideration of Endorsements, Sponsorship, or Co-Sponsorship Requests

When a request for NCJFCJ endorsement, sponsorship, or co-sponsorship of an event, activity, or resource of another organization is received, the following protocol for consideration of the request shall be followed. 1. The request shall be submitted to the NCJFCJ Chief Executive Officer (CEO).

o If the request is a continuation of a former sponsorship or endorsement, the CEO will make a determination, based on the considerations outlined below.

o If the request is a new sponsorship or endorsement, the CEO shall provide a

summary of the request to the Executive Committee (EC). The summary shall include a recommendation which evaluates the advantages and disadvantages of approving or not approving the request, utilizing the questions set out in this protocol.

The EC may decide the matter or refer the matter to the Board for a majority

vote.

When endorsement of a resource (e.g., publication, tool, guidelines, program, methodology, etc.,) is requested, the item will be circulated to all Advisory Committees for review and comment. This ensures a broad perspective of review prior to official endorsement.

Among other things, the deciding body shall consider:

a. Whether the request relates to the mission and vision of NCJFCJ, and is consistent with established policy.

b. Whether the endorsement or sponsorship will advance the interest of a population on which NCJFCJ focuses.

c. The advantages and disadvantages of the endorsement or sponsorship, including, but not limited to, cost and potential funding implications to NCJFCJ.

d. The effect of NCJFCJ’s decision whether or not to provide an endorsement or sponsorship; including analysis of the practical implications (i.e., staffing costs), as well as ethical, legal or policy implications.

Governance Handbook, rev. March 20, 2020 Page 35

e. Other organizations that have endorsed or provided sponsorship on the matter, and the pros and cons of being linked to them.

f. Whether the organization is one with which we have had a previous collaboration and whether it was a positive experience.

g. How active the role of the NCJFCJ would be in the planning and implementation of the activity, and how much decision-making authority NCJFCJ would have.

h. Whether the content, topics, or perspectives being presented during the activity indicate that the NCJFCJ should make a statement that participation in the event does, or does not, imply concurrence with certain points of view.

(Adopted July 23, 2011, Board of Trustees Meeting, New York, NY; modified and adopted by the NCJFCJ Board of Directors, November 15, 2016, Reno, NV)

Protocol for Payment of Judges or Judicial Officers The NCJFCJ supports the judiciary of juvenile and family court jurisdiction to engage in leadership, education, consultation with colleagues, and community outreach to foster the effective administration of justice, and is dedicated to supporting the professional development of member judges and others through learning opportunities and opportunities for national exposure, impact on policy and practice, and professional growth on issues pertinent to juvenile and family courts. Except in rare exceptions as noted below, the NCJFCJ does not provide fees to sitting judges or judicial officers in exchange for services, such as faculty for training programs, facilitation, on-site consulting, or other services. However, sitting judges or judicial officers may be reimbursed the normal, reasonable expenses related to travel, lodging and per diem as allowed by funding requirements and NCJFCJ policies, and as incurred in the course of NCJFCJ funded project activities. A retired judge or retired judicial officer may be paid a fee for serving as faculty or for other consulting services only in the following circumstances:

1. There is no sitting judge or judicial officer who is available and qualified to provide the services; or

2. There is no retired judge or retired judicial officer, or other expert consultant, who is willing and qualified to provide the services without being paid a fee.

No fee or rate should be offered until determination can be made that there is no qualified sitting or retired judge, or other individual who can provide the services without a fee. Should a judge or judicial officer hear cases after retirement, that shall not be a disqualifying factor.

Governance Handbook, rev. March 20, 2020 Page 36

Any judge holding the position of Director or Officer of the NCJFCJ is not eligible for payment. Also, any potential consultant may not be a member of the same committee that seeks hiring of that individual as a consultant for a project under the purview of that same committee. Before a retired judge or retired judicial officer may be offered a paid consulting role, staff must follow the established process for procurement and engagement of consultants, including consideration of most appropriate, cost-effective consultant, submission of justification and a Consultant Agreement outlining the scope of work to be performed, source of funds, and terms of payment, to the Chief Executive Officer for approval prior to engaging any retired judicial consultant. In some instances, a pro tem or part-time judge may be paid as a consultant. This instance arises only when:

the person is uniquely qualified,

no judge who can work for free is similarly qualified,

performing work for the Council would create a financial hardship (due to loss of

income) for the needed judge, and

the Chief Executive Officer approves the hiring of the pro tem or part-time judge

consultant prior to engagement of services.

Prior to engaging the services of a pro tem or part-time judge as a consultant, staff must document the unique circumstances and show all four conditions are satisfied. This section of the policy helps ensure the Council has the broadest possible pool of uniquely qualified judicial talent available (including tribal court judges and judges from smaller jurisdictions). Any pro tem, part-time, or retired judge or retired judicial officer selected for consulting services must sign a Consultant Agreement prior to performing services, releasing all individual rights or claims to any work product resulting from the contract, and certifying compliance with all rules of judicial conduct and laws in his or her state of residence. At each Annual Conference meeting of the NCJFCJ Board of Directors, a written report will be provided to all Directors, listing all judicial consultants paid within the preceding twelve (12) months and the total sum of their payments. (Adopted July 18, 2001 at the Board of Trustees Meeting, Monterey, CA; modified March 14, 2010 at the Spring Meeting of the Board of Trustees, Las Vegas, NV, within Board Governance Manual; modified on July 13, 2013, at the annual meeting of the Board of Trustees, Seattle, WA.)

Pursuant to direction from the Directors, the annual report to the Board shall also include justification regarding selection of each judicial consultant.

Publications

Juvenile & Family Court Journal

Governance Handbook, rev. March 20, 2020 Page 37

The Juvenile & Family Court Journal (Journal) is a quarterly, peer-reviewed journal, containing articles of interest to the field of juvenile and family justice, published by the National Council of Juvenile and Family Court Judges (NCJFCJ) since 1949 as an “open forum” of ideas. The Journal is provided as a membership benefit and is governed by the Juvenile & Family Court Journal Publication Policy. (Adopted January 13, 2006; modified on July 27, 2019, Orlando, FL)

Manuscripts must adhere to established Manuscript Guidelines and may be submitted to: [email protected]

WHERE TO FIND MORE INFORMATION NCJFCJ Website About Us Web page – www.ncjfcj.org/about

Articles of Incorporation

Bylaws

Annual Audit

IRS Form 990

Conflict of Interest Policy (covers all entities of NCJFCJ)

Whistleblower Policy (covers all entities of NCJFCJ)

Standards of Conduct Policy

Records Retention and Destruction Policy

Annual Report

Related Entities – National Juvenile Court Foundation and NCJFCJ Fund, Inc.

Resolutions and Policy Information Issues State Information/Fact Sheets

Leadership and Staff Listing

NCJFCJ Committee List Board of Directors’ Web page – www.ncjfcj.org/board-directors-meetings (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Meeting Materials and Minutes Executive Committee Web page – www.ncjfcj.org/Executive-Committee (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Meeting Agendas and Minutes Board Orientation Web page – www.ncjfcj.org/BoardofDirectors-Orientation (Password protected page. Request password from NCJFCJ Board/Committee Coordinator)

Board Welcome Packet

Current Year Committee Charges

Governance Handbook, rev. March 20, 2020 Page 38

Board Committee Charters / Audit Committee Charter and Risk Register / Amicus Council Charter

Financial Training PowerPoint / Handout

IRC 4958 Intermediate Sanctions Information

Organization Charts

Traditions - by Judge J. Dean Lewis, NCJFCJ Past President, July 2008 Annual Conference, Norfolk, Virginia

Internal Policies (Available upon request)

NCJFCJ Travel Policy

Alcohol and Drug-Free Workplace Policy

Prohibited Harassment and Discrimination Policy

Workplace Violence Policy

NCJFCJ Administrative Manual